In the digital age, data is everything. “Big Data” feeds countless business processes and offerings. Businesses rely on data to enhance revenue and drive efficiency, whether by better understanding the needs of existing customers, reaching new ones in previously unimagined ways, or obtaining valuable insights to guide a wide array of decisions. Data also drives developments in artificial intelligence, automation, and the Internet of Things. Come 2020, the California Consumer Privacy Act (“CCPA”) may significantly impact businesses’ data practices, with new and burdensome compliance obligations such as “sale” opt-out requirements and, in certain circumstances, restrictions on tiered pricing and service levels. This entry in Hogan Lovells’ ongoing series on the CCPA will focus on implications for data-driven businesses–the rapidly increasing number of businesses that rely heavily on consumer data, whether for marketing, gaining marketplace insights, internal research, or use as a core commodity.
The application of the California Consumer Protection Act of 2018 (“CCPA”) to employee data has been the subject of much debate since the first version of the bill was introduced on June 21, 2018 (just days prior to its enactment on June 28). Under a plain language reading of the CCPA, the law likely applies to employee data. However, it is unclear whether the California legislature intended that result. There is no clarity to be found in the general statutory structure, the legislative history, legislative responses to advocate letters, or the technical amendments signed into law on September 23. As part of our ongoing series on the CCPA, this post lays out why the issue of CCPA applicability to employees is controversial and nevertheless offers potential strategies to address CCPA compliance requirements as they may relate to personnel records.
The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies. Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Information Act (CMIA), and other health privacy laws will continue to be an area of focus in the health privacy community for years to come. In the latest installment of the CCPA blog series, we describe these issues and outline four important steps health and life sciences companies may consider to assess the CCPA’s operational impact.
As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation (GDPR). At first glance, it is clear that the drafters of the CCPA (and the ballot measure that spurred its passage) drew inspiration from the GDPR. However, the CCPA is not a carbon copy of the GDPR, and a GDPR compliance program will not automatically meet the requirements of the CCPA. As businesses begin their CCPA compliance efforts, awareness of these laws’ similarities and differences will be key to creating efficient and effective compliance programs that capitalize on prior GDPR compliance work but also address the unique nuances of the CCPA.
This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of 2018 (CCPA). The CCPA creates a limited private right of action for suits arising out of data breaches. At the same time, it also precludes individuals from using it as a basis for a private right of action under any other statute. Both features of the law have potentially far-reaching implications and will garner the attention of an already relentless plaintiffs’ bar when it goes into effect January 1, 2020.
The California Consumer Privacy Act of 2018 (“CCPA”) provides a series of new compliance obligations and operational challenges for companies doing business in California. A vital first step for any company subject to the CCPA and looking to forge a practical path forward is to inventory the personal information (“PI”) that the company collects, stores, and shares with others. As part of our ongoing series on the CCPA and its implications, this post sets out key issues and questions to consider when contemplating a data mapping exercise.
Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. Legislative history can speak volumes about those word choices, and the unique legislative history of the California Consumer Privacy Act of 2018 (CCPA) only highlights the importance of understanding the terms used in the act. We thus focus here on discussing some of the CCPA’s key definitional terms.
We have heard the California Consumer Privacy Act of 2018 (CCPA) called many things since its enactment on June 28, 2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy. We will explore the ramifications for businesses of this seminal legislation in this multi-part series, “The Challenge Ahead” authored by members of Hogan Lovells’ CCPA team. In this first installment, we describe recent activity to enact so-called “technical” amendments to the CCPA.
On July 24, members of the Hogan Lovells global privacy team presented a webinar on the new California Consumer Privacy Act, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation. In this post, we provide links to the recorded webinar and slide deck.
On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation. Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act will affect them. Please join members of the Hogan Lovells global privacy team for a live webinar on July 24 to learn what you should be focusing on now.